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Res 92-188RESOLUTION NO. 92-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWA¥, CALIFORNIA APPROVING THE TRANSFER OF REAL PROPERTY BY THE POWAY REDEVELOPMENT AGENCY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT WITH MC MILLIN COMMUNITIES, INC. WHEREAS, the Poway Redevelopment Agency (hereinafter referred to as the "Agency") under the provision of the California Community Redevelopment Law, is engaged in activities necessary for the execution of the Redevelopment Plan for the Paguay Redevelopment Project Area (hereinafter referred to as the "Project Area"); and WHEREAS, in order to effectuate the provision of that Redevelopment Plan, the Agency proposes to transfer certain property owned by the Agency within the Project Area, generally described and depicted on the attached Plat Map and Legal Description for Boundary Adjustment BA 90-07 (Exhibit A); and WHEREAS, McMillin Communities, Inc. (hereinafter referred to as the "Participant") has entered into an Owner Participation Agreement recorded on May 2, 1991 as document 1991-0202942 in the San Diego County Recorder's Office (hereinafter referred to as the "Agreement") with the Agency for transfer of the property to constitute a portion of the consideration for Participants performance under the Agreement; and WHEREAS, the Agreement provides that the Participant shall not be required to pay any additional consideration for such transfer and the Agency deems the property to be worth $13,500.00; and WHEREAS, the Agreement contains the provisions, terms, and conditions for the transfer of those portions of Lots 119, 120, and 121 shown on Tentative Tract Map No. 88-04R, which are currently owned by the Agency in accordance with the purposes and objectives of the Redevelopment Plan and the Project; and WHEREAS, the Agency has duly considered all terms and conditions of the proposed transfer and believes that the development of the property pursuant to the Agreement is in the best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. NOW, THEREFORE, the City Council of the City of Poway does hereby find, determine, order, and resolve as follows: Section 1. The recitals hereof are true and correct and are incorporated herein by reference. Section 2. The transfer of the real property by the Redevelopment Agency to the Participant as described in the Agreement is hereby approved. Resolution No. 92-188 Page 2 PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at regular meeting thereof this 20th day of Oc~tober,~lg92. Ja~~Mayor ATTEST: '"'"~...._. ! arjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN DIEGO ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 92-188 was duly adopted by the City Council at a meeting of said City Council~n the 20th day of October, 1992, and that it was so adopted by the following vote: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH AYES: NOES: ABSTAIN: ABSENT: NONE NONE NONE Marjorie~(. Wahlsten, City Clerk City o~.P°way EXHIBIT "A" CITY OF POWAY PLAT Resolution No. 92-188 Page 3 I SCALE I IN' 60 FT SHEET I OF 2 i~ NOTES: ' d~. o~.o ~M~r~o J~ I.SEWER AND WATER SERVICE IS PROVIDED BY THE CiTY ~P~ OF POWAY. -/- 2.CONT(~JRS ON SHEET 2 ARE. FROM AERIAL TOPOGRAPHIC . NORTHLINE - N- MAPPING. SECT iON 26- I :5, ASSES NO.S: PARCEL'S',' :517-241-:50 8:520-011- 07-, 14~ IA5 22 I 25 PARCEL'A" :520-011 -07~ 13 1112.2~20,' :517.5_~ , 27 N89° 52' W N89° 52 20 W PARCEL B AREA - 1:5.60 ACRES .FuTURE- SOUTH poWAY PAR L \, R OLD BOUNDARY  LEGEND: /~ ..NEW BOUNDARY ..... -OLD BOUNDARY ADJUSTED / 0.84 AcR PARCEL ~ AREA-150.75 A S E 252.47'~.-~ OLD ~BOUNDARY HEALTH DEPARTMENT CERTIFICATION FOR DEPARTMENTAL USE'ONLY Prelim. Fee. F[nal Fee, Rec. No. Rec. No. ADDle:SS 2727 HOOVER AVENUE CI'l~ NATIONAL CITY, CA. 91950 ADDRESS 1:5:525 CIVIC CENTER DRIVE CITY pOWAY~ CA. 92064 Ok111CR McMILLIN EQuITy PARTNERS II PHONE Hq, {619! 477-4117 ~WNER POWAY REDEVELOPMENT AGENCY ( PCL B ) DEkJ/dI~ O'NEIL I~.C.E. 42-/IO SIGNATURE PREPARED BY NIETO CONSULTING EN(~INEERS ..9&70 8/JSINE55PAI~K AVE,STE. IlO, $.D,~A. ~Z{~t m 4/12 EXHIBIT "A" Resolution No. 92-188 Page 4 CITY OF POWAY PLAT 1,400 FT. ~70.G8' POMERADO SHEET 2 OF 2 BOUNDARY DATA TABLE I0 D,E LTA / BEARING S40* 4~' 5~" E .... ~' ,?' 5~" . 9' 46' 45" S ~' ~r 16' O0~ 4~"E RADIUS LEI~GTH/DISTANCE 129.~ IOq .71 1961.50 554,77 40.00 65 57 5 Iq.51 N ~7*ZG' ~O"e 50.G4. N ,~,0' 4.8' ~2"w iZ3. O& 105o.00 102.0~' 470.0ct' 470.0~' VICINITY MAP .,_/' NO SCALE · EXHIBIT "A" Resolution No. 92-188 Page 5 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY APPROVED NOVEMBER 19, 1880, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID SECTION 26 WITH THE CENTERLINE OF THAT CERTAIN 60-FOOT EASEMENT FOR ROAD PURPOSES (KNOWN AS OLD POMERADO ROAD) DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED APRIL 4, 1924 IN BOOK 751, PAGE 869 OF DEEDS IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, SAID POINT OF INTERSECTION BEING ALSO THE MOST NORTHEASTERLY CORNER OF THAT LAND GRANTED TO POWAY REDEVELOPMENT AGENCY DESCRIBED IN DEED RECORDED AUGUST 17, 1989 AS FILE NO. 89-440162 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY; THENCE SOUTH 37026'30" WEST ALONG THE EASTERLY BOUNDARY OF SAID POWAY REDEVELOPMENT AGENCY LAND, 274.53 FEET TO THE SOUTHWEST CORNER OF THAT LAND DESCRIBED AS PARCEL "A" IN DEED RECORDED SEPTEMBER 17, 1991 AS DOCUMENT NO. 1991-0476294, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH 37026'30" WEST CONTINUING ALONG SAID EASTERLY BOUNDARY 27.21 FEET TO AN ANGLE POINT THEREON; THENCE SOUTH 21 °55'03" WEST, 248.00 FEET TO THE SOUTHWEST CORNER OF SAID POWAY REDEVELOPMENT AGENCY LAND; THENCE NORTH 89o50'57" WEST ALONG THE SOUTHERLY LINE THEREOF, 252.47 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 52o31'37" EAST, 148.35 FEET; THENCE NORTH 60040'53" EAST, 146.18 FEET; THENCE NORTH 13°21'20" WEST, 85.55 FEET TO A POINT ON A NONTANGENT 6000.00- FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL FROM WHICH BEARS NORTH 2°43'01" WEST, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°14'26" AN ARC DISTANCE OF 25.19 FEET; THENCE NORTH 87031'25" EAST, 111 .10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.841 ACRES (MORE OR LESS) THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. BY MANUEL E. NIETO R.C.E. 30724 ~~~ DATE REGISTRATION EXPIRES MARCH 31, 1996